CP wants NCP to pay her directly

[NITM]

What is the name of your state? CA

CP is dishonest, malicious, has knowledge of the law and is married to an attorney. Child is 15 years old. My husband (NCP) has always paid child support on time since their divorce 14 years ago. NCP has always paid through the Dept. of Child Support Services. Several times per year, always due to DCSS's processing times, CP starts writing harassing letters and threatening litigation to NCP, claiming her support payments are late. The DCSS always confirms that NCP has paid and has an exemplary payment history. Lately, CP has been demanding that NCP start paying her directly. She's mailed 9 harassing letters to our home in the past two months alone. Yesterday, she stated that she has now "closed" the case with DCSS so NCP can pay her directly. Of course, NCP told her he has to see written comfirmation from DCSS before he will do so.

My question is, since CP can not be trusted, is there anything NCP should be wary of? Are there any dirty tricks she can pull on him since they will no longer be affiliated with DCSS? Of course, we will print and keep copies of the cancelled checks from his online account in case she ever tries to say he didn't pay. What if she wants to modify the support? Every year without fail, she requests this and demands our income tax returns, paystubs, etc., but then refuses to supply hers and lies to DCSS that she has "no income" since she is a stay at home mother (with two other kids from current husband) and fails to mention anything about her lawyer husband whos income she lives off of. Then she has a fit because NCP's income is always around the same and DCSS refuses her request to raise support, and she'll start sending legal paperwork to NCP's employer/union, etc., inappropriately requesting personal informaton. How would she go about modifying support now? Would she have to open the case up again? Will she be able to invade our privacy and harass NCP even more now? My husband is very nervous about this. We don't know if this is a "good" thing or a potentially worse situation that will subject us to even more harassment.

 

[BelizeBreeze]

Tell NCP to tell CP to "BITE ROCKS"

 

[NITM]

Oh, he'd like to tell her more than that, but if she closes the case with DCSS, he has no choice but to pay her directly, doesn't he??

 

[NotSoNew]

if she "closes" the case why would he have to pay her anything? its my understanding BOTH of them would have ot sign off on it to have it closed and if dad wants to continue to pay through DCSS then mom can go bite rocks.

 

[fairisfair]

Actually, I believe that 3 parties have to sign off, the CP the NCP and the court.

 

[NITM]

Thanks so much - I didn't know that. Even if she closes the case with DCSS, isn't he still obligated to pay the child support that has been ordered, but the DCSS just isn't involved with collecting it any longer? I'm not completely getting how this works.

When I closed my own personal case with DCSS around 6 years ago, my ex didn't have to sign anything and neither did I, but was still obligated to pay support. Is this something new?

 

[fairisfair]

Thanks so much - I didn't know that. Even if she closes the case with DCSS, isn't he still obligated to pay the child support that has been ordered, but the DCSS just isn't involved with collecting it any longer? I'm not completely getting how this works.

When I closed my own personal case with DCSS around 6 years ago, my ex didn't have to sign anything and neither did I, but was still obligated to pay support. Is this something new?

He can keep paying to DCSS, even if she closes her case there it will maintain his record of payment. After a certain period of time, if they are unable to locate the CP the funds are then returned to the NCP. Your husband needs to contact them directly and let them know what mom is up to. They are in the best position to advise him. Keep track of dates and complete names of the caseworkers that you speak to, ask to get everything in writing.

Yes, he is still obligated to pay, the thing is if he pays in some other way, then DCSS is going to begin tracking unpaid amounts to them as arrearages, he will be trying to prove that he paid the funds and that is a mess. As well as the fact that many court orders specifically say that any funds paid in any other manner, other than that outlined in the order, WILL be considered a gift. He could end up paying the same amounts twice.

 

[NITM]

I just spoke to DCSS and they said NCP "can't" pay them after she closes the case, that he will have to pay CP directly. They said that CP closing the case only means that DCSS no longer enforces the child support payments - she's on her own, which could be frightening considering she's a litigation addict and does all the paperwork herself. My husband is afraid that on her own, she's going to harass him so much and start inappropriately demanding so much personal information again that he'll have to retain a lawyer, now that the DCSS won't be involved, which he can't afford to do.

We believe CP is angry with DCSS because they're saying NCP has actually "overpaid" and doesn't owe her what she claims, and that's why she's closing the case because she doesn't want to deal with them anymore. That's typical - heaven forbid someone doesn't agree with the lunatic.

Can anyone tell me exactly how CP would have to go about requesting a modification after the case is closed? Would it be legal for her to do this herself? How would she get access to a dissomaster to determine the amount? Would NCP have to comply with her demands for personal info (tax returns, check stubs, etc.)?

 

[ezmarelda]

I just spoke to DCSS and they said NCP "can't" pay them after she closes the case, that he will have to pay CP directly. They said that CP closing the case only means that DCSS no longer enforces the child support payments - she's on her own, which could be frightening considering she's a litigation addict and does all the paperwork herself. My husband is afraid that on her own, she's going to harass him so much and start inappropriately demanding so much personal information again that he'll have to retain a lawyer, now that the DCSS won't be involved, which he can't afford to do.

We believe CP is angry with DCSS because they're saying NCP has actually "overpaid" and doesn't owe her what she claims, and that's why she's closing the case because she doesn't want to deal with them anymore. That's typical - heaven forbid someone doesn't agree with the lunatic.

Can anyone tell me exactly how CP would have to go about requesting a modification after the case is closed? Would it be legal for her to do this herself? How would she get access to a dissomaster to determine the amount? Would NCP have to comply with her demands for personal info (tax returns, check stubs, etc.)?

Just curious what county are you in? because I have never heard of CSEA "closing" anything without a court order...and usualy you have to show a very good reason to not have automatic paycheck deduction

 

[fairisfair]

wow, apparently your CSE system works differently than here. Sorry, I have no idea what he can do. Perhaps there is a way to petition the court that the payments continue to be remitted thru DCSS??

 

[NITM]

We are in good ol' Orange County, CA.

I had personally closed a case myself many years ago, and I didn't need to go to court. All I had to do was write a letter requesting that it be done, as she did.

My husband doesn't care who he has to send the payments to, if he could trust her. He's just afraid that not having DCSS as a buffer, CP will automatically entitle herself privy to all of our personal information whenever she pleases. I'm just trying to find out if she'll be legally able to do just that.

 

[Zigner]

We are in good ol' Orange County, CA.

I had personally closed a case myself many years ago, and I didn't need to go to court. All I had to do was write a letter requesting that it be done, as she did.

My husband doesn't care who he has to send the payments to, if he could trust her. He's just afraid that not having DCSS as a buffer, CP will automatically entitle herself privy to all of our personal information whenever she pleases. I'm just trying to find out if she'll be legally able to do just that.

On every check, write "child support" in the memo line AND at the top of the endorsement area. Never pay in cash. Maybe even get a receipt for every payment (if possible). And, make sure to keep excellent records (statements and check images from the bank).

Another possibility would be to make payments through wage garnishments - that would add another layer of paper to your trail.

 

[LdiJ]

On every check, write "child support" in the memo line AND at the top of the endorsement area. Never pay in cash. Maybe even get a receipt for every payment (if possible). And, make sure to keep excellent records (statements and check images from the bank).

Another possibility would be to make payments through wage garnishments - that would add another layer of paper to your trail.

If his employer is willing to do voluntary guarnishments that would really be an excellent way to have a third party tracking things.

 

[NITM]

I'll make sure he writes "child support" on every check, and I will also print a copy of each cancelled check, as they are provided through his online bank account after it's cashed, which shows her signature and everything.

His employer won't garnish wages, nor do I believe they're allowed to without a court order - it might be a CA legal thing here. With his type of work, that wouldn't make sense anyway since he changes companies several times per year.

Thanks again for all your help!